In 2020, the city of Charleston, South Carolina, sued 24 fossil fuels companies. The lawsuit sought to recover damages associated with sea level rise around Charleston, alleging the companies were negligent in their emission of CO2. Last week, that lawsuit was thrown out when a state circuit court judge dismissed the case. Politico reporting discusses the dismissal:
“In his ruling, Circuit Judge Roger Young sided with Chevron, Exxon Mobil and other oil majors — finding that the city did not have grounds to pursue damages under South Carolina tort law and were preempted from pursuing claims under the Constitution and the Clean Air Act. The decision is the latest blow to efforts by local, county and state governments to hold companies accountable for climate-warming pollution.”
The decision marks a loss for climate plaintiffs. The city of Charleston will decide on August 19 whether it will appeal the decision or stop the litigation. The South Carolina case is similar to a number of other ongoing cases against carbon majors. So far, none of this litigation has resulted in a solid win for plaintiffs, as many cases are still working their way through the judicial system. While the Supreme Court has declined to intervene in similar cases, plaintiffs find mixed results at the state level. The cases are based primarily on state tort law and state law claims, but federal issues loom over the proceedings. Defendants argue federal preemption under the Clean Air Act and even invoke interstate commerce as a defense. The future of climate litigation is uncertain, but Plaintiffs will likely be reviewing the South Carolina decision and further refining their legal strategies.
Members can read more about climate litigation here.
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